Urgent query re. Tier 2 application timing

[gml9890]

I have a rather urgent question re. a peculiar situation I've put myself in. Here is my basic info:

-Currently hold Tier 4 (student) visa
-Tier 4 visa expires Jan. 30
-Been offered employment by a Tier 2 sponsor
-Have not started Tier 2 application
-Employment begins Jan. 4

Not long ago I booked a round-trip flight to the U.S. (Dec. 15-31) to visit my family for the holidays. I thought to myself "my Tier 4 doesn't expire until Jan. 30, so I can do my Tier 2 application when I'm back in the UK in January."

Well that was plainly naive, as I've now been advised by LSE (where I studied) that UK border agents may not let me back into the country since I've already finished my program. If I am allowed to re-enter, it might be as a visitor (and not a student), in which case I won't have the privileges students have when switching to Tier 2 (RLMT exemption, for example). The Home Office told me on the phone today "why risk it? Just cancel your flight home."

Thanks, Home Office .

I fully understand that I'll likely have to cancel my flights, but thought I'd come on here to see if there's any shot at redemption - either to get my Tier 2 before I leave on Dec. 15, or to make a convincing case to be re-entered as a student. I thought the premium service option seemed promising until a man told me over the phone that it can be three weeks before you get an appointment.

I'd really love to see my family. Any advice is greatly appreciated. If it helps, my family lives by an embassy in Washington, DC, though I'm assuming there's nothing they can do.

Thank you!!

[geriatrix]

Tier 2 priority service
or
Premium Service Center application
or
Reschedule your travel plans
or
have your family come cover to UK to meet you
or
travel as planned and risk being denied entry under 321(ii) upon return or as a visitor (if a non-visa national).



Your choice!

[kamren548]

Yup, seems like Christmas in the UK!

Given its second week of Dec already, the only thing I would add to the above is that you need to nag your employer so they book you a premium appointment ASAP. Even in the big firms, HR/in-house immigration teams take their sweet time and considering festive period/holiday season, you need to sort of your internal cost approvals etc fairly quickly (assuming they are paying for you).

Good luck!

[gml9890]

Thank you! Looks like my best shot is to see if I can get a premium booking before the 15th, but I don't like my odds.

[BYOB]

I've got the same situation 2 months ago, I've had visa till Nov 30 and already finished my degree on Tier 4. i was planning to start PHD, so i applied in different universities but didn't had any offer letter....I decided to
travel to back home with nearly 50 days left on my visa. i was having feeling that i'll definitely got offer from somewhere for PHD, so in the mean time i should visit my family. i asked around if i'll be granted permission to re-enter but every body said its too risky....I made my mind as legally i'm allowed 50 more days to stay in this country so why do i need to worry. i traveled and on my way back immigration officer just asked me why u came back i said i'm expecting admission in PHD... she replied congratulations on your successfully completion of post graduation and i wish you best of luck for your PHD....WAOWWWW i wasn't expecting this from immigration officer though

well, in your case you have got offer, so very valid reason you re enter UK and if you have been issued a COS letter then i guess no worries at all, just keep one copy with you on your way back and show them... i guess there is nothing to worry, so enjoy your time with family dear